Help

New
Domestic Violence Legislation Effective Now!

In
effect since January 1, 2000, a patchwork of new California domestic
violence laws is already providing added help for domestic violence
victims here in Sonoma County. The laws, however, still leave untouched
some of the biggest obstacles victims face. Here are some highlights
of the new laws, and a quick look of what's left to be done.

New
California Legislation:

Mandates Arrest for
restraining order violations (Penal Code Section 836). This
law recognizes both the dangerousness of restraining order violations
and the casual treatment these violations too often receive from
police. California police are now mandated to arrest offenders who
violate domestic violence restraining orders. The big gap in this
legislation is that there is no equivalent obligation on the District
Attorneys to prosecute these violations cases sent to them by police.

Expands coverage of
domestic violence criminal law protections to include former spouses
and cohabitants (Penal Code Sections 243(e) and 273.5). Previously
only married couples and co-parents of a child were covered under
section 273.5 provisions.

Provides up to $2,000
housing relocation funds for domestic violence victims (AB606).
Housing problems all too frequently keep many women from even considering
making an escape, especially if she has children. Now, every domestic
violence victim in California who reports to police is eligible
for up to $2,000 to cover costs of housing relocation. Sonoma County
Victim Assistance Program has already streamlined the process to
make those funds available as early as one week following the woman's
application.

The missing piece in
this legislation is that these moneys unfortunately
do not cover the situation in which the offender has been arrested
and the victim suddenly finds herself unable to cover rent on her
existing housing. In this common situation the victim is forced
to find new housing and relocate in order to be eligible for the
funds.

Requires that police
and prosecutors give victims one free copy of the domestic violence
report within five days of being requested (Family Code Section
6228). The big advantage for victims in this legislation is
that they will be able to determine if all the evidence available
has actually been investigated and entered into the report. Some
officials in Sonoma County are failing to complying with this legislation
and are refusing to make the reports available to victims under
any conditions.

Requires that Family
Courts make a presumption that giving
custody to a perpetrator of domestic violence is detrimental
to the child (Family Code Section 3044).

Requires that the
California Judicial Council make domestic violence forms available
in languages other than English by July 1, 2001 (Code of Civil Procedure
Section 185). This legislation, and more like it, is especially
needed in Sonoma County where police and prosecutors frequently
make inadequate efforts to obtain accurate statements from Spanish-speaking
victims of rape, domestic violence, and child abuse.

Provides that an employer
may not discharge, discriminate, or retaliate against an employee,
domestic violence victim who takes time off work to "attempt to
.....ensure the health, safety, or welfare of a domestic violence
victim or his or her child" (Labor Code Section 230).

A critical area for victims
of rape, domestic violence, and child abuse that has been left ignored
by legislators this year and in year's past is the District Attorney's
absolute power to refuse to file charges no matter how solid the
evidence. Even if a district attorney refuses to file charges on
a whole crime category, there is no legal remedy for victims.

This unrestricted prosecutorial
discretion is particularly dangerous for women in Sonoma County
where District Attorney Mike's Mullins' rate of conviction on domestic
violence is one of the
lowest in the State of California, and where he systematically under
charges .cases of violence against women and children.

For example, at this
writing, we at Women's Justice Center currently have a case of three
days of spousal rape, sodomy, and beatings which the District Attorney
has filed only as misdemeanor domestic violence. The detective in
the case states there is ample evidence to file multiple felonies.
In another case in which a woman was beaten to the point of a fractured
skull the District Attorney refused to file at all for five months
until one day the perpetrator went out and committed another assault
with a deadly weapon on another victim; and another case of spousal
rape in which the District Attorney and Cloverdale Police fought
for five months over who should pay for the translating of key evidence.
Sadly, those are just a few of many examples.

Not only are all women
put in direct and great danger by the absence of any legislative
check on the District Attorney's denial of justice to women, but
the District Attorney's refusal to file proper charges on these
cases also suffocates and discourages police efforts. We need to
work with our legislators to give them the fortitude to put restrictions
on District Attorney's discretion now.